
REFERRAL AGREEMENT
This Referral Agreement (hereinafter the "Agreement") is made on [Insert Date] (the "Effective Date"), by and between BIOBOSTON CONSULTING LLC of 75 State Street, Suite 100, Boston, MA 02109 USA (hereinafter referred to as "Seller") and [Insert Referrer Name] of [Insert Referrer Address] (hereinafter referred to as "Referrer").
WHEREAS, Seller desires to sell certain services;
WHEREAS, Referrer has contacts within the Life Science industry and desires to act as an intermediary finder of buyers for Seller's services;
NOW, THEREFORE, in consideration of the premise and the mutual promises and covenants contained herein, the parties agree as follows:
I. TERM AND TERMINATION.
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for a period of 90 days from the date of this Agreement (the "Term") unless earlier terminated by either party upon at least 30 days' prior written notice.
II. EXCLUSIVITY.
For the term of this Agreement, Referrer shall have the exclusive right to introduce prospective buyers to the Seller who are not already known to the Seller.
III. FEES AND PAYMENT.
The following must take place in order for the Referrer to be paid. If these conditions are not met, Referrer will receive no payment.
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The referral must not be an existing client: Referrals will only be eligible for payment if they are not already a client of the company at the time of the referral.
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The referral must result in a new client engagement: The referrer will only be paid if the referral leads to a new client engagement with the company. If the referral does not result in a new client engagement, the referrer will not be entitled to payment.
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Payment will be made upon receipt of payment from the new client: The referrer will be paid a referral fee upon receipt of payment from the new client. The referral fee will be calculated as a percentage of the total amount paid by the new client for the company's services.
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The referral must be made in writing: In order for the referrer to be eligible for payment, the referral must be made in writing and submitted to the company using the referral form on the website.
Payment will be made within 30 days of receipt of payment from the new client: The company will make payment to the referrer within 30 days of receiving payment from the new client, provided that all conditions of the referral agreement have been met.
The Referrer's fee shall be calculated as 5% of the net value of the services sold by Seller as a direct result of an introduction.
Acceptable forms of payment include the following:
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Cash: Referral fees can be paid in cash, either in person or by mail.
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Check: Referral fees can be paid by check, which can be mailed or delivered in person.
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Direct deposit: Referral fees can be paid through a direct deposit into the referrer's bank account.
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PayPal or other online payment services: Referral fees can be paid through online payment services such as PayPal.
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Gift cards: In some cases, referral fees may be paid in the form of gift cards.
IV. NON-CIRCUMVENTION.
During the term of this Agreement and for 6 months thereafter, the Seller will not attempt to do business with, or otherwise solicit any buyers found or otherwise referred by Referrer to the Seller for the purpose of circumventing, the result of which shall be to prevent the Referrer from realizing or recognizing a commission or Referrer's fee. If such circumvention shall occur the Referrer shall be entitled to any commissions due pursuant to this Agreement or Referrer's fee relating to such transaction.
V. FINAL AGREEMENT.
This Agreement represents the entire agreement with respect to the subject matter hereof and terminates and supersedes all prior understandings or agreements with respect to such matters. This Agreement may be amended only in writing signed by both parties.
VI. LEGAL CONSTRUCTION.
In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions. This Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
VII. GOVERNING LAW.
This Agreement shall be governed by the laws of Massachusetts, without giving effect to principles of conflicts of law.
VIII. SIGNATORIES.
This Agreement shall be executed on behalf of the Seller by BIOBOSTON CONSULTING LLC and on behalf of the Referrer by [Insert Referrer Name]. The Agreement shall be effective as of the Effective Date first written above.
SELLER:
________________________________________________________________
By: ___________________________________ Date: __________________
BIOBOSTON CONSULTING LLC
REFERRER:
________________________________________________________________
By: ___________________________________ Date: __________________
[Insert Name of Referrer]